NO FAKES Act of 2024

Establishes rights for individuals over digital replicas of their voice or likeness, requiring consent for creation and use. Imposes liability for unauthorized replication. Provides safe harbors for online services complying with takedown notices. Limits preemption of existing state laws.

  • Authority: United States Congress
  • Parent authority: Federal government
  • Jurisdiction: United States
  • Collections: U.S. federal laws
  • Most recent activity: Defunct
  • Most recent activity date: 2025-01-03

Risk subdomain coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the risk subdomain are explicitly described.

  • Compromise of privacy
  • Fraud, scams, and targeted manipulation

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the risk subdomain are described.

  • Exposure to toxic content
  • False or misleading information
  • Disinformation, surveillance, and influence at scale
  • Overreliance and unsafe use
  • Economic and cultural devaluation of human effort

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document primarily addresses risks related to malicious actors (4.1, 4.3), privacy and security (2.1), and human-computer interaction (5.1). It has good coverage of fraud/manipulation, privacy compromise through unauthorized digital replicas, and overreliance issues. The document focuses on preventing unauthorized use of digital replicas for deceptive purposes rather than addressing AI system safety or broader socioeconomic impacts.

Sector coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the sector are explicitly described.

  • Information
  • Arts, Entertainment & Recreation

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the sector are described.

  • Professional & Technical Services

All other sectors had no coverage in this document.

Sectors Summary

The document primarily governs the Information sector (including social media, online platforms, digital music providers, and content distribution services) and the Arts, Entertainment, and Recreation sector (covering performers, sound recording artists, and entertainment content). It also has implications for Professional and Technical Services through its regulation of AI-generated content creation services.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding federal statute with mandatory obligations, civil liability provisions, statutory damages, and enforcement through federal courts. The Act uses mandatory language throughout and establishes legal rights with enforcement mechanisms.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Summary: The document is a bill proposed by the United States Congress, as indicated by the opening text 'Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled'.

Target

  • Entity Types: AI_Developer, AI_Deployer, AI_Infrastructure_Provider
  • Summary: The Act targets any person who produces or distributes digital replicas without authorization, with specific provisions for online services that host or transmit such content. It also covers manufacturers of products/services capable of producing digital replicas.

Enforcer

  • Entity Types: AI_Governance_Actor, Affected_Stakeholder
  • Summary: Enforcement is primarily through private civil actions brought by right holders and related parties in federal courts. The Register of Copyrights maintains directories and prescribes regulations but does not directly enforce. Courts award damages and injunctive relief.

Monitor

  • Entity Types: AI_Governance_Actor, AI_Infrastructure_Provider
  • Summary: The Register of Copyrights maintains public directories of registered rights and designated agents. Online services must designate agents to receive notifications and monitor for unauthorized content. Right holders monitor for unauthorized use of their digital replicas.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

  • Build and Use Model
  • Deploy
  • Operate and Monitor

AI Lifecycle Summary

The document primarily addresses the Deploy and Operate and Monitor stages of the AI lifecycle, focusing on the use and distribution of AI-generated digital replicas. It does not substantially cover planning, data collection, or model building stages, but rather regulates the deployment and ongoing monitoring of digital replica outputs.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

No technical scope terms identified.

Technical Scope Summary

The document does not explicitly define or distinguish between AI models, AI systems, or specific AI categories. It focuses on the outputs (digital replicas) rather than the underlying AI technology. The term 'artificial intelligence' appears only once in a disclaimer context. No compute thresholds, model types, or technical AI classifications are mentioned.

https://www.congress.gov/bill/118th-congress/senate-bill/4875/text
https://agora.eto.tech/instrument/1242
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Document data from AGORA, CSET Emerging Technology Observatory.